Research On The Legal Issues Of "Blind Driving" In Criminallaw

With the further development of society,the growing popular ity of smart phones and networks,so that the bow family is everywhere."Bow family" people's "blind drive" behavior has posed a threat to traffic safety.Based on the "Shanghai bus driver to pick up the mobile phone to rollover crash" typical case,the legal analys is of "blind driving" behavior.After the case occurred,triggered widespread discussion in the society,experts have suggestions,so this behavior of the criminal law has important theoretical significance and practical value of the study.On the one hand,the definit ion of the established facts of the criminal law is helpful to the analysis of the focus of the case.On the other hand,it hopes to provide reference for the legislat ive and judicial practice.This paper is divided into three parts: the f irst part of the "Shanghai bus driver to pick up the mobile phone to rollover news" of the case and the judgment,the focus of controversy,social disputes and expert advice to state,leads to problems and analysis.The second part focuses on the controversial issue of the "blind drive" in the case of the case.This case is mainly focused on the dispute focus: the case of the defendant constitute what crime? "Play mobile phone" behavior is equivalent to "blind driving?" if the blind driving into criminal behavior? At the same time,learn from the provisions of the relevant foreign legis lat ion and judicial practice of "blind driving" concept,blind driving social harm,and shall be subject to a penalty of.Based on the analysis of the first two parts,the third part puts forward some countermeasures and suggestions to the problems of "blind drive" in the legislative and judicial level.